Republic v Principal Registrar of Government Lands & Attorney General Ex parte John Ngugi Gathumbi [2016] KEHC 7896 (KLR)
- Court
- High Court of Kenya
- Case number
- 7896
- Citation
- [2016] KEHC 7896 (KLR)
- Decided
- 25 July 2016
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for Certiorari, Prohibition, and MandamusCoramG V ODUNGA
Holding
The application for certiorari is time barred.
Facts
The applicant, John Ngugi Gathumbi, seeks orders to quash a decision of the 1st Respondent (Principal Registrar of Government Lands) to cancel and expunge entries from the Register of Government Lands relating to land he owns (L.R. No. 209/73/6).
Issues
- Whether the application for certiorari is time barred.
- Whether the application for prohibition and mandamus lie.
Reasoning
The Court of Appeal in Kenya National Examinations Council vs. Republic Ex parte Geoffrey Gathenji Njoroge & Others held that an order of prohibition cannot quash a decision already made. The Law Reform Act provides a 6-month limitation period for applications for orders of mandamus, prohibition, or certiorari, but this does not apply to decisions to alienate or allocate land.
Outcome
The application for certiorari is dismissed.
Authorities cited
Legislation (2)
- Law Reform Act
- Civil Procedure Rules 2010
Cases cited (3)
- Kenya National Examinations Council vs. Republic Ex parte Geoffrey Gathenji Njoroge & Others
- Republic vs. The Commissioner of Lands Ex Parte Lake Flowers Limited
- Republic vs. Kajiado Lands Disputes Tribunal & Others
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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